5cjxburmr

The general practice of the United States has been to make the fact of occupation knownby proclamation or similar notice. 78 In addition to giving notice to the inhabitants of occupiedterritory, notice may be given to other governments. 79 In some cases, the U.N. Security Councilhas recognized the fact of occupation. 8011.3 END OF OCCUPATION AND DURATION OF GC OBLIGATIONSThe status of belligerent occupation ends when the conditions for its application are nolonger met. Certain GC obligations with respect to occupied territory continue for the durationof the occupation after the general close of military operations.11.3.1 End of Occupation. Belligerent occupation ceases when the conditions for itsapplication are no longer met. 81 In particular, as discussed below, the status of belligerentoccupation ceases when the invader no longer factually governs the occupied territory or when ahostile relationship no longer exists between the State of the occupied territory and theOccupying Power. 82Belligerent occupation ends when the Occupying Power no longer has effectively placedthe occupied territory under its control. 83 For example, an uprising by the local population maya locality, by posting a notice which gave a list of offences against the troops for which the penalty of death wouldbe inflicted.”).77 Refer to § 11.9.3 (Procedural Obligation – Notification to the Population of Changes in Law); § 11.11.2.1(Publication of Penal Provisions Before Coming Into Force).78 For example, Coalition Provisional Authority Regulation No. 1, §1(1) (May 16, 2003) (“The CPA shall exercisepowers of government temporarily in order to provide for the effective administration of Iraq during the period oftransitional administration … .”).79 For example, John D. Negroponte & Jeremy Greenstock, Letter Dated 8 May 2003 from the PermanentRepresentatives of the United Kingdom of Great Britain and Northern Ireland and the United States of America tothe United Nations Addressed to the President of the Security Council, U.N. Doc. S/2003/538 (“the United States,the United Kingdom, and Coalition partners, acting under existing command and control arrangements through theCommander of Coalition Forces, have created the Coalition Provisional Authority, which includes the Office ofReconstruction and Humanitarian Assistance, to exercise the powers of government temporarily, and, as necessary,especially to provide security, to allow the delivery of humanitarian aid, and to eliminate weapons of massdestruction. The United States, the United Kingdom and Coalition partners, working through the CoalitionProvisional Authority, shall inter alia, provide for security in and for the provisional administration of Iraq … .”).80 For example, U.N. SECURITY COUNCIL RESOLUTION 1483, U.N. Doc. S/RES/1483, 2 (May 22, 2003) (“Noting theletter of 8 May 2003 from the Permanent Representatives of the United States of America and the United Kingdomof Great Britain and Northern Ireland to the President of the Security Council (S/2003/538) and recognizing thespecific authorities, responsibilities, and obligations under applicable international law of these states as occupyingpowers under unified command (the ‘Authority’),”); U.N. SECURITY COUNCIL RESOLUTION 661, U.N. Doc.S/RES/661 (1990) (Aug. 6, 1990) (“Determined to bring the invasion and occupation of Kuwait by Iraq to an endand to restore the sovereignty, independence and territorial integrity of Kuwait,”).81 Refer to § 11.2.2 (Standard for Determining When Territory Is Considered Occupied).82 WINTHROP, MILITARY LAW & PRECEDENTS 801 (“The status of military government continues from the inceptionof the actual occupation till the invader is expelled by force of arms, or himself abandons the conquest, or till, undera treaty of peace, the country is restored to its original allegiance or becomes incorporated with the domain of theprevailing belligerent.”).83 Refer to § 11.2.2.1 (“Actually Placed” – Effectiveness of Occupation).750